PRADEEP PANDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Pradeep Panda and Raghunath Sahu faced trial for the offence punishable under sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'N.D.P.S. Act') along with co-accused Kiran Kumar Pati who was separately charged for the offence under sec. 20(b)(ii)(C) read with sec. 25 of the N.D.P.S. Act in the Court of the learned 3rd Addl. Sessions Judge -cum- Special Judge, Berhampur, Ganjam in 2(a) C.C. Case No. 20/2012(N)/T.R. No. 22 of 2015 on the accusation that on 4/6/2012 at about 5.30 a.m., both the appellants were found in conscious possession of 220 kilograms of ganja (cannabis) and transporting the same in a Tata Indica car bearing registration No.OR-02W-5419 without having any authority or licence to possess the same and the co-accused Kiran Kumar Pati being the owner of the said car knowingly permitted the appellants to use the car for commission of transporting ganja in contravention of the provisions of the N.D.P.S. Act.

(2.) The prosecution case, in short, is that P.W.7 Sarat Chandra Bhanja, S.I. of Excise, E.I. and E.B.(S.D.), Berhampur received reliable information regarding illegal transportation of ganja at Dengaosta to Seragada side on 4/6/2012 at about 3.00 a.m. He reduced the information into writing and gave written intimation (Ext.11) to his higher authority i.e. Siba Prasad Gantayat (P.W.6), who was working as Inspector in-charge of Excise, E.I. and E.B. Unit-II, Berhampur. Then P.W.7 along with other excise officials proceeded to Narasinghagada Chhak under Patapur police station to work out the information. They reached at the spot by 5.20 a.m. and while performing patrolling duty at about 5.30 a.m., they detected one Indica car bearing registration No. OR-02W-5419 coming from the side of Dengaosta and going towards Palaspur and found two persons inside the car, one person was driving the car and another person were sitting adjacent to him in the car. After detaining the car, P.W.7 disclosed his identity to those two persons and also ascertained their identification and the appellant Raghunath Sahu was found to be driver of the vehicle and the appellant Pradeep Panda was found sitting in the front seat. Since smell of ganja was coming from inside the car, P.W.7 called P.W.1 Kali Charan Barala, who was passing by that way and requested him to remain present as a witness. P.W.7 gave written option to the appellants about their right to be searched before a Gazetted Officer or an Executive Magistrate, but both the appellants expressed their willingness in writing to be searched by P.W.7. P.W.7 gave his personal search before P.W.1 and then the car was searched and six jerry bags containing ganja were recovered, out of which three were kept at the backside seat and three were kept in the dickey of the car. P.W.7 put the Sl. Nos.1 to 6 on six jerry bags. He opened each of the bags one after another and tested a handful of ganja from each bag by rubbing the same in his palm so also by burning the same and from its smoke, colour, text and from the departmental experience of thirty three years, he came to the conclusion that the recovered articles were nothing but cannabis. He prepared drug testing chart and on weighment of each jerry bags by means of spring balance, the total quantity of ganja came to be 220 kilograms. Since the appellants did not disclose the source from which they collected such ganja and admitted their guilt, P.W.7 sealed the jerry bags and put the impression of brass seal on each of the jerry bags so also affixed the paper slip which contains his signature, the signatures of the appellants and the witnesses. He handed over the brass seal in zima of P.W.3 Biswajit Das by executing zimanama vide Ext.5/2. He prepared the seizure list in which the signatures of the appellants so also the witnesses were taken and copy of the seizure list was given to each of the appellants. P.W.7 also prepared spot map vide Ext.6/2 and then he recorded the statements of the appellants as well as the witnesses, explained the grounds of arrest of the appellants. P.W.7 brought the appellants along with the seized articles and produced them before the learned Sessions Judge -cum-Special Judge, Berhampur and prayed for drawal of samples of the seized articles. As per the order of the learned Special Judge, he produced the seized articles before the learned S.D.J.M., Berhampur, who verified the seal and seized articles were opened for drawal of samples and accordingly, 50 grams of samples from each of the jerry bags in duplicate were collected. The sample packets Ext.A to F were handed over to P.W.5 Braja Bihari Nayak, Constable of Excise to hand over the same to the Asst. Chemical Examiner, D.E.C.T.L., Berhampur under the authorization letter issued by the learned S.D.J.M., Berhampur. The broken seals of jerry bags were kept in a separate envelope and sealed before the learned S.D.J.M., Berhampur so also the seized jerry bags Sl. Nos.1 to 6 containing cannabis were stitched and resealed by the learned S.D.J.M., Berhampur.

(3.) The appellants pleaded not guilty to the charge framed against them and claimed to be tried.